Borough of North Caldwell, NJ Article IV Environmental Design and Site Plan Review and Subdivision Review

§ 107-33 Environmental design and site plan review required; subdivision review.

A. Environmental design and site plan review. In order to assure the harmonious development of all areas of the Borough of North Caldwell in accordance with the intended appearance of the Borough, as established by the Master Plan, to assure that maximum care is exercised to preserve and enhance existing natural features and environmental conditions, to preclude the creation of traffic flow or traffic safety problems and to maximize efforts to assure each property owner the right to safe and comfortable enjoyment of his property, an environmental design and site plan for new construction, not to include internal remodeling and/or internal alterations or renovations, shall be reviewed and approved by the North Caldwell

Planning Board prior to the issuance of a building permit, zoning permit or certificate of occupancy in the following situations:

(1) Except for individual lot applications for detached one-or two-dwelling-unit buildings, prior to the issuance of any building permit, zoning permit or certificate of occupancy, as the case may be, for any new structure, addition to or alteration of any existing structure or change in use, a site plan shall be submitted to the Planning Board for its review and approval.

(2) Site plan review shall also be required for the approval of a conditional use by the Planning Board, in which case the site plan shall be submitted to the Planning Board at the time of filing the petition for such conditional use.

(3) At the time of application for approval of any cluster development.

(4) At the time of application for or subsequent to the approval of a use variance by the Board of Adjustment, in which cases the site plan approval shall be granted by the Board of Adjustment pursuant to N.J.S.A. 40:55D-76.

B. Subdivision review. Subdivision review is required whenever an owner of land in the Borough of North Caldwell desires to create a subdivision as defined in Article II of this chapter.

§ 107-34 Application procedure.

A. Applications for development within the jurisdiction of the Planning Board shall be filed with the Secretary to the Planning Board. The applicant shall file, at least 14 days before the date of the monthly meeting of the Board, all the information on the checklist supplied by the Planning Board as required for the type of application that the applicant wishes to make. The checklist to be supplied by the Planning Board shall be as set forth in the chapter Appendix.

Editor's Note: The Checklist Appendix is included as an attachment to this chapter.

B. The applicant may request that one or more of the submission requirements on the checklist be waived, in which event the Planning Board shall grant or deny the request within 45 days.

C. In the event that the Planning Board does not certify the application to be complete within 45 days of the date of the submission, the application shall be deemed complete upon the expiration of the 45 day period for purposes of commencing the applicable time period, unless the application lacks information indicated on the checklist and the Planning Board has notified the applicant in writing of the deficiencies in the application within 45 days of the submission of the application. The Planning Board may subsequently require correction of any information found to be in error and submission of additional information not specified herein or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been made. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents that are required by the Planning Board.

D. Nothing contained in this section shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application.

§ 107-35 Minor subdivision.

A. Every owner of land within the Borough of North Caldwell shall, prior to subdividing or resubdividing land as defined in this chapter, submit to the Secretary of the Planning Board, at least 20 days prior to the regular meeting of the Board, 15 copies of a plat of the proposed subdivision, for purposes of examination and classification.

B. If classified as a minor subdivision by the Board, a notation to that effect will be made on the plat.

C. If classified as a minor subdivision, the Planning Board may waive notice and public hearing for an application for development and grant minor subdivision approval in accordance with N.J.S.A. 40:55D-47, provided that the approval may be conditioned on terms ensuring compliance with the provisions of this chapter.

D. Copies of approval plat.

(1) Before the Planning Board Secretary returns any approved plat to the applicant, the Planning Board Secretary shall have sufficient copies made to furnish one copy to each of the following:

(a) The Borough Clerk's office.

(b) The Borough Engineer.

(c) The Construction Official and Zoning Officer.

(d) The Tax Assessor.

(e) The Secretary of the Planning Board.

(2) The cost of the copies will be charged to the applicant and shall be collected before the return of the original plat to applicant.

E. A plat map drawn in compliance with N.J.S.A. 46:26A, 46:26B and 46:26C, or a deed of conveyance endorsed by the Chairman and Secretary of the Planning Board shall be filed by the applicant with the County Register's Office within 190 days from the date of return of the approved plat or said minor subdivision approval shall expire.

F. If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat, which will be returned to the applicant for compliance with the procedures of this article.

G. Plat details. The plat shall be based on Tax Map information or some other similarly accurate base at a scale [preferably not less than 400 feet to the inch] to enable the entire tract to be shown on one sheet, and shall show or include the following information:

(1) The location of that portion which is to be subdivided in relation to the entire tract.

(2) All existing structures and wooded areas within the portion to be subdivided and within 200 feet thereof.

(3) The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records.

(4) The Tax Map sheet, block and lot numbers.

(5) All streets or roads and streams within 500 feet of the subdivision.

§ 107-36 Preliminary site plan details.

A. The sizes of all maps and plans of any proposed land development shall be consistent with the sizes permitted under N.J.S.A. 46:26A, 46:26B and 46:26C, as follows:

(1) Eight and one-half by thirteen (8 1/2 × 13) inches.

(2) Fifteen by twenty-one (15 × 21) inches.

(3) Twenty-four by thirty-six (24 × 36) inches (recommended).

(4) Thirty inches by forty-two (30 × 42) inches.

B. Any preliminary site plan presented to the North Caldwell Planning Board shall be drawn at a scale of not less than one inch equals fifty feet (1"=50'). A graphic scale shall be included. Land developments of more than 40 acres may be drawn at a scale of one inch equals 200 feet (1"=200').

C. Any preliminary site plan shall include and show the following information:

(1) The name address and nature of interest in the land of the applicant and the owner and the name, address, title and seal of the person preparing the plan; maps, including appropriate map titles; and accompanying data.

(2) An appropriate place for the signature of the Chairman or Acting Chairman and the Secretary of the North Caldwell Planning Board and the date of signature and, for county site plan review, an appropriate place for the signatures of the County Planning Board Secretary and Planning Director.

(3) The Municipal Tax Map, lot and block numbers of the lot or lots and tax sheet number.

(4) A key map showing the site and its relationship to surrounding areas within a minimum of 300 feet.

(5) A date, scale and North arrow on any map.

(6) The zone district in which the lot or lots are located, together with a delineation of the front yard setback line required in the zone district.

All existing and proposed setback dimensions, landscaping areas and trees six inches or over in diameter.

[Ord. No. 3-2008]

(7) All existing and proposed signs and lighting standards and utility poles, if any, and their size, type of construction and location within 25 feet of any road right-of-way line or, where appropriate, the proposed right-of-way line.

(8) The existing and proposed principal building or structure and all accessory buildings or structures, if any, and finished grade elevations at all corners of said buildings.

(9) Existing topography, based on New Jersey Geodetic Control Survey datum, and proposed grading with a maximum of two foot contour intervals.

(10) The location, type and size of all existing and proposed catch basins, storm drainage facilities, sanitary sewers and utilities, plus all required design data supporting the adequacy of the existing or proposed facility to handle future storm flows, where applicable.

(11) The location, type and size of all existing and proposed curbs, sidewalks, driveways, fences, retaining walls, parking space areas and the layouts thereof and all off-street loading areas, together with the dimensions of all the foregoing on the site in question and within 100 feet of said site. In addition, the following information, where applicable, shall be approximately shown on the site plan map.

(a) The estimated average number of the following vehicles that will enter the site each day:

[1] Single-unit trucks or buses with a wheelbase of approximately 20 feet.

[2] Semitrailer trucks with a wheelbase of approximately 30 feet to 50 feet.

(12) The location, size and nature of all existing and proposed rights-of-way, easements and other encumbrances which may affect the lot or lots in question and the location, size and description of any lands to be dedicated to North Caldwell, the County of Essex or other government.

(13) The location, size and nature of the entire lot or lots in question and any contiguous lots owned by the applicant or in which the applicant has a direct or indirect interest, even though only a portion of the entire property is involved in the site plan for which approval is sought; provided, however, that where it is physically impossible to show such entire lot or lots or contiguous lots on one map, a key map thereof shall be submitted.

(14) The location, names and widths of all existing and proposed streets, including cross sections and profiles abutting the lot or lots in question and within 200 feet of said lot.

(15) For residential cluster plans, the following additional information is required:

(a) Surrounding area map. A map at a scale of not less than one inch equals 200 feet shall be submitted, showing the following:

[1] The location and shape of the residential cluster development.

[2] The names of all owners of record of all adjacent property and the Tax Map, block and lot number of said properties within 500 feet of the residential cluster development boundary lines, together with all existing structures on said property.

[3] The development characteristics of the adjoining lands, including lot patterns, if applicable, and the street system.

(b) Existing conditions map. One or more maps at a scale of not less than one inch equals 100 feet shall be submitted showing the entire residential cluster development site. Each map shall be prepared on one sheet and shall show the following:

[1] Acreage of the residential cluster development to the nearest tenth of an acre.

[2] Tract boundary lines with dimensions and bearings.

[3] Location of existing buildings and all other structures, such as walls, fences, culverts, bridges, roadways and the like, with spot elevations of such structures to be removed, shall be indicated by lines.

[4] Location of all existing storm drainage structures, utility lines and easements, whether publicly or privately owned.

[5] A topographic map showing contours at a maximum two-foot interval.

[Ord. No. 17-2008]

[6] Location of existing high points, watercourses, depressions, ponds, marshes, wooded areas and other significant features.

(c) Proposed residential cluster development map. One or more maps at a scale of not less than one inch equals 100 feet shall be prepared and shall show the proposed development of the residential cluster development site. Each map shall show the entire site on one sheet and may be supplemented with such larger scale maps as necessary. Said map(s) shall show the following:

[1] The proposed gross residential density and the net residential density.

[2] The proposed use or uses of land and buildings and the approximate height, floor area and location of buildings and other structures.

[3] The proposed location and area of any common recreation areas of residential cluster development open space.

[4] The proposed location and approximate dimensions of pavement and right-of-way widths and street lengths.

[5] The proposed provision for vehicular off-street parking, including approximate locations of ingress and egress.

[6] The proposed location of major utility services, including principal drainage rights-of-way or trunk sewers, principal water mains and sanitary sewers, water storage tanks, sanitary sewage disposal plants, gas and electric transmission lines, telephone service, other wire services and other similar facilities. Wherever feasible, all wire services shall be provided through underground utility easements.

[7] The proposed location, type and size of all landscaping.

(d) Preliminary plan approval report. A total of 10 copies of a written report by the applicant shall be filed with the preliminary plan and improvement maps and shall include the following:

[1] Copies of covenants, deed restrictions, easements or exceptions applying to the land.

[2] The substance of any proposed covenants, grants or easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.

[3] The form of organization proposed to own and maintain any residential cluster development open space or common recreation area.

[4] Modifications from the existing ordinances governing streets being requested.

[5] A schedule showing the proposed times within which applications for final approval and development of all sections of the residential cluster development are intended to be filed.

[6] All calculations necessary to determine the number of residential units permitted, density requirements, common recreation area and residential cluster development open space, requirements and other similar calculations.

[7] A statement of why the public interest would be served by the proposed development, such statements to be supported by a detailed economic, social and physical study, and to show wherein the proposed development would meet the objectives of this chapter.

D. In addition to the site plan, the applicant shall submit for review by the Municipal Agency:

(1) Elevations from all streets, showing structures and other salient features of the site plan.

(2) A landscaping plan, including location, type and size of proposed planting and screens.

(3) An environmental impact statement is required for all projects containing two or more acres in a residential zone or containing one or more acres where a use variance is required or where a nonresidential use is proposed. The environmental impact statement shall contain the following information:

(a) The location of the project and a description of the project specifying what is to be done and how it is to be carried out. Maps and materials contained therein shall comply with all of the requirements of the Zoning and Land Use Ordinance.

(b) An inventory of existing environmental conditions of the project site in the surrounding region, which shall contain and describe the following:

[1] Sewerage.

[2] Air quality.

[3] Water supply.

[4] Water quality.

[5] Hydrology.

[6] Geology.

[7] Soils.

[8] Topography.

[9] Vegetation.

[10] Land use on the site as well as on the surrounding area.

[11] Aesthetics.

[12] History and demography.

[13] Streets, roads, highways and traffic patterns and volumes.

(c) An assessment of the environmental impact of the project as described in Subsection D(3)(a), both adverse and beneficial, upon the 13 items described in Subsection D(3)(b), including an evaluation of the public and social costs of the project, shall be stated, including but not limited to the following:

[1] Sewage and sewerage.

[2] Water quality.

[3] Air quality.

[4] Noise.

[5] Undesirable land use patterns.

[6] Damage or destruction of significant plants and/or wildlife systems.

[7] Aesthetic values.

[8] Displacement of people and business.

[9] Displacement of viable farms and recreational areas.

[10] Destruction of natural resources.

[11] Employment and property tax.

[12] Disruption of desirable community and regional growth.

[13] Health, safety and well-being of the public.

[14] Effect on the local traffic patterns and volumes.

(d) A list of all licenses and permits and/or approvals as required by the municipality, county and state law and the statutes of each.

(e) A listing of all adverse environmental impacts that cannot be avoided and why, if any.

(f) Steps to be taken to minimize adverse environmental impact during construction and operation, both at the project site and in surrounding areas, where applicable.

(g) A reference list of pertinent published information relating to the project site and the surrounding areas, where applicable.

(h) An engineering report covering a minimum of Subsection D(3)(c)[1] through [8], inclusive, and Subsection D(3)(b)[13] above and Subsection D(3)(c)[1], [2], [3] and [14] above.

(i) Certification by the applicant's land surveyor or architect or engineer to the effect that he has read the Borough's applicable ordinances and a statement as to whether or not the plan or report he signed complies with all of the requirements of these applicable ordinances.

§ 107-37 Preliminary major subdivision plan details.

A. The preliminary plat plan shall be clearly and legibly drawn on tracing paper or upon tracing cloth, at a scale not smaller than 200 feet to one inch, and shall show the following:

(1) The name of the subdivision.

(2) The name and address of the owner or owners of the property, the subdivider and the licensed engineer or land surveyor.

(3) A boundary survey showing location of existing property lines, buildings, wooded areas, tree groups and isolated trees greater than six inches in diameter (designated as to species), watercourses and width and direction of flow, storm sewers, water mains, electric lines, telephone lines and other existing features.

[Ord. No. 3-2008)]

(4) Essential facts as to adjoining properties, such as names of owners of all immediate adjacent land, all watercourses and all roads and streets and widths thereof occurring within 500 feet of any part of the property proposed to be subdivided, and proposed exits to duly accepted public streets and highways.

(5) Contours at a maximum of two-foot intervals and references to permanent bench marks, locations of existing and proposed permanent survey monuments (use triangles to designate existing monuments and squares to designate proposed monuments).

[Ord. No. 17-2008]

(6) All proposed streets with widths, approximate radii of curves, grades and tentative profile for each street and typical cross sections showing roadway paving, sidewalks and curb locations.

(7) All lots with approximate dimensions.

(8) Proposed building or setback lines or each street, the zone in which the land to be subdivided falls according to the Zoning Map and any proposed changes in the boundaries of these zones.

(9) Proposed parks, playgrounds and public building sites offered for dedication and all parcels reserved for common use of all property owners.

(10) Date, magnetic North point and scale.

B. The preliminary plan shall be accompanied by reports and written statements from the applicant, giving essential information regarding the following matters:

(1) Ownership of property to be subdivided; if in corporate ownership, the names and addresses of the officers and stockholders thereof; the nature, character and extent of any and all liens on the premises.

(2) If other than existing municipal water supply, the source and quantity of water supply.

(3) Proposed method of sewage disposal. If not connected with municipal sewers, a report from the local Board of Health as to percolation tests shall be furnished.

(4) Types of street improvements and utilities which the subdivider proposes to install.

(5) Restrictions which the subdivider proposes to apply, if any.

(6) Proposed character and type of development and type, minimum cost and location of buildings to be erected. When variations are made for different parts of a subdivision, the specific variations shall be stated.

(7) Proposed date of beginning development.

(8) A tabulation of areas as follows:

(a) Total area of tract in areas.

(b) Area in proposed parks or public lands.

(c) Area in streets.

(9) An environmental impact statement in accordance with the provisions of § 107-37D(3) for any subdivision containing two or more acres in a residential zone or one or more acres where a use variance is required or where a nonresidential use is proposed, provided that no environmental impact statement shall be required for a minor subdivision.

§ 107-38 Planning Board review.

A. The following guidelines will be utilized by the Planning Board in reviewing site plans and subdivisions. These guidelines are intended to provide a general frame of reference for the applicant in the development of site and building plans as well as a method of review by the Planning Board.

(1) Preservation of landscape. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of the neighboring developed areas.

(2) Relation of proposed buildings to environmental design. Proposed structures shall be related harmoniously to the terrain and physical environment and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings. Proposed new construction or reconstruction of structures should be designed to enhance the environmental quality, including the improvement of the living environment of area residents.

(3) Drives, parking and circulation. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the design of proposed buildings and structures and the neighboring properties.

(4) Surface water drainage. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect properties or the public storm drainage system. Stormwater shall be removed from all roofs, canopies and paved areas and carried away in an efficient and approved manner. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create puddles in the paved areas.

(5) Utility services. Electric and telephone lines shall be underground where practicable. Any utility installations remaining aboveground shall be located so as to have a harmonious relation to neighboring properties and the site.

(6) Advertising features. The size, location, lighting and material of all permanent signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures, and the surrounding properties shall be in accordance with the provisions of this chapter.

(7) Special features. Exposed storage areas, exposed machinery installation and service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures, if permitted by this chapter, shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated site design and the surrounding properties.

(8) Application of design standards. The standards of review outlined above shall also apply to all accessory buildings, structures, freestanding signs and other side features, however related to the major buildings or structures.

B. To assist the Planning Board in its evaluation of the proposed project, the applicant shall, at the discretion of the Planning Board, include additional data and information as follows:

(1) Sewerage facilities. It must be shown that either there will be no runoff from the site of the proposed development or that sewage can be disposed of through facilities adequate to preclude water pollution.

(a) Compliance with State Department of Environmental Protection and Municipal Board of Health regulations.

(b) Plant design capacity, monthly average flows for the past 12 months, enforcement action against the plant, capacity of the plant to treat industrial or commercial wastes, if applicable, receiving water quality standards, stream quality data from state, federal or private sources, stream flow [minimum average, seven consecutive days' flow with a frequency of occurrence of 10 years], plans for a sewage treatment facility, local plans, state regional planning policy and flows expected from other approved subdivisions which are dependent upon the sewage treatment facilities in question.

(2) Water supply. It must be shown that an adequate potable water supply is available and not threatened by the existing development of nearby land.

(a) Compliance with state and local regulations.

(b) If the supply is from public facilities off site, including private water companies, the amount of diversion granted by the Division of Water Resources (maximum gallons of water pumped during any month), the present diversion [maximum gallons of water pumped during the past 24 months] and diversions expected from other approved developments which are dependent upon the present diversion granted by the Division of Water Resources.

(c) If the supply is from on-site sources, realty improvements [fewer than 50 dwelling units], the location and depth of all private and public water supplies within 500 feet of the realty improvement; location, depth and adequacy of the proposed realty improvement; and geological description of subsurface conditions, including expected groundwater yields, using published geological reports or a report by a geologist. For realty improvements [more than 50 dwelling units], no preliminary subdivision approval until the Division of Water Resources has determined that the proposed water supply and sewage disposal facilities are adequate.

(3) Drainage. It must be shown that stormwater runoff from the site is so controlled that on- or off-site erosion is not caused and that the potential of downstream flooding is not aggravated.

(a) Volume of stormwater runoff now existing from the site and volume to be generated by new improvements.

(b) Data on landscaping, vegetation map, trees and ground cover existing on the site compared with that proposed.

(c) Changes of runoff to be caused by changes of such landscape and all roofs and paved surfaces.

(d) Plans for disposition of stormwater, whether by retention on site or means of channeling, so as to protect downstream property.

(e) Stream encroachment. An encroachment permit is required from the Division of Water Resources, as determined by that office, for fill or diversion of a water channel, alteration of a stream and repair or construction of a bridge, culvert, reservoir, dam, wall, pipeline or cable crossing.

(f) Floodplains. Description of potential flood damages, including a summary of flood stages from state and federal sources.

(g) Submission of a sediment and erosion control plan drawn in accordance with the guidelines and standards adopted from time to time by the Essex County Soil Conservation District.

(4) Solid waste disposal. A plan for disposal of solid waste by means of a facility operating in compliance with the State Sanitary Code.

(5) Air pollution. It must be shown that no visible smoke or deleterious chemical changes are produced in the atmosphere by heating or incinerating devices or by any processing of materials.

(6) Critical impact areas. Plans should include any areas, condition or feature which is environmentally sensitive or which, if disturbed during construction, would adversely affect the environment. It must be shown how said adversity will be minimized pursuant to a plan approved by the Planning Board.

(a) Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, estuaries, slopes greater than 10% highly acid or highly erodible soils, areas of high water table and mature stands of native vegetation and aquifer recharge and discharge areas.

[Ord. No. 2-00]

(b) A statement of impact upon critical areas and of adverse impacts which cannot be avoided.

(c) Environmental protective measures, procedures and schedules to minimize damage to critical impact areas.

(d) A list of all licenses, permits and other approvals required by municipal, county or state law, and the status of each.

(e) A listing of all adverse environmental impacts, especially irreversible damage, that cannot be avoided.

(f) An assessment of the environmental impact of the project.

(g) A listing of steps proposed to minimize environmental damage to the site and region during construction and operation.

(7) Traffic and circulation. It must be shown how public traffic arteries will be impacted on by the traffic to be generated by the proposed project.

(a) Existing twenty-four-hour and peak-hour traffic volumes on all critical arteries affected by a count taken within 12 months preceding the date of the application.

(b) Projected 24 hour and peak-hour trip generated by the proposed project.

(c) Capacity analyses of critical arteries affected.

(d) Accident data of critical arteries affected.

(e) Speed and delay data of critical arteries affected.

(f) Any off-site improvements made necessary to avert traffic hazards and to maintain an acceptable level of service on public thoroughfares by traffic generated by the proposed project.

(8) Economic analysis. It should be shown how the demands placed upon the municipal resources by the proposed development can be offset by anticipated revenues.

(a) Projected population increases resulting from the proposed development.

(b) Age and other characteristics of the projected population.

(c) Estimated demand upon municipal services, such as educational facilities, police and fire protection, recreational facilities, garbage collection, municipal administration and the cost to the municipality of providing such services.

(d) Anticipated increases in municipal revenues as a result of the proposed project.

(9) Any and all other information and data necessary to meet any of the requirements of this chapter not listed above.

C. Notwithstanding the foregoing, the Planning Board may, at the request of the applicant, waive the requirement for an impact statement if sufficient evidence is submitted to support a conclusion that the proposed development will have slight or negligible development impact. Portions of such requirement may likewise be waive upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of the particular project.

§ 107-39 Action by Planning Board.

A. The Planning Board shall act upon preliminary site plan approval of a site plan involving 10 acres or fewer or a preliminary subdivision plan calling for the subdivision of 10 lots or fewer or minor subdivision application within 45 days of the date of submission of a complete application. The Planning Board shall act upon preliminary site plan approval of a site plan involving more than 10 acres or preliminary subdivision plan calling for the subdivision of more than 10 lots within 95 days of the date of submission of a complete application.

B. The Planning Board shall act through a resolution adopted at a meeting held within the time period provided in Subsection A above, or a memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Planning Board voted to grant or deny approval. Only the members of the Planning Board who voted for the action taken shall vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided in this Subsection B, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Planning Board and not to be an action of the Planning Board.

C. If the Planning Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Planning Board to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorneys' fees, shall be assessed against the Borough.

D. Whenever review or approval of a site plan or subdivision is required by the County Planning Board, any action by the Borough Planning Board shall be conditioned upon action by the County Planning Board.

E. The time limits set forth herein may be enlarged by statements in writing to the effect submitted by the applicant to the Planning Board.

F. All hearings and notices shall be held and given in accordance with the provisions of N.J.S.A. 40:55D-10, 55D-11 and 55D-12 and ordinances of the Borough of North Caldwell.

G. A resolution of preliminary approval or denial of a residential cluster plan shall also include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said resolutions shall set forth with particularity in what respects the plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:

(1) In what respects the plan is or is not consistent with this chapter.

(2) The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.

(3) The purpose, location and amount of the common space in the residential cluster development, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and purpose of the common space related to the proposed density and type of development.

(4) The physical design of the plan and whether said design does or does not make adequate provision for public services; provide adequate control over the vehicular and pedestrian traffic; minimize hazards from soil erosion, flooding and runoff; and preserve the natural characteristics of the landscape and further the amenities of light and air, recreation and visual enjoyment.

(5) The relationship, beneficial or adverse, of the proposed residential cluster development to the neighborhood in which it is proposed to be established.

(6) In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the development in the integrity of the plan.

(7) In the case of a plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed shall be specified as part of the preliminary approval.

H. A resolution of preliminary approval of a residential cluster plan shall also include findings of fact and conclusions demonstrating:

(1) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to N.J.S.A. 40:55D-65c.

(2) That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.

(3) That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.

(4) That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

(5) In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

§ 107-40 Effects of preliminary approval.

A. Within 10 working days after the decision of the Planning Board, the resolution of preliminary approval shall be certified by the Clerk of the municipality and shall be filed in his office, and a certified copy shall be mailed to the applicant. Where preliminary approval has been granted, the same shall be noted on the Zoning Map maintained in the office of the Borough Clerk. Notice of the Planning Board's grant or denial of preliminary approval shall be published in accordance with the provisions of N.J.S.A. 40:55D-10i.

B. Preliminary approval of a plan shall not qualify a plan for recording nor authorize development or the issuance of any building permits. The effect of the grant of preliminary approval shall be as set forth in N.J.S.A. 40:55D-49.

C. In the event that a plan is given preliminary approval and thereafter, but prior to final approval, the applicant shall elect to abandon part or all of said plan and shall so notify the Municipal Agency in writing or in the event that the applicant shall fail to file an application or applications for final approval within the required period or periods of time, as the case may be, the preliminary approval shall be deemed to be revoked, and all that portion of the area included in the plan for which final approval has not been given be subject to those local ordinances applicable thereto, as they may be amended from time to time, and the same shall be noted on the Zoning Map in the office of the Clerk of the municipality and in the records of the Clerk of the municipality.

D. Every resolution granting preliminary approval of a site plan or subdivision shall contain a condition that the applicant entering into a developer's agreement, in form satisfactory to the Borough's Attorney, install the improvements as provided for in § 107-42 of Article V.

§ 107-41 Application requirements for final approval.

A. An application for final approval may be for all the land included in a plan or to the extent set forth in the preliminary approval for a section thereof. Said application shall be made to the Planning Board and shall be within the time or times specified by the resolution granting preliminary approval or prior to the expiration of preliminary approval under N.J.S.A. 40:55D-49. Said application for final approval shall be accompanied by a fee of $200. The application shall include such drawings, specifications, covenants, easements, conditions and form of performance bond as were set forth by written resolution of the Planning Board at the time of preliminary approval. In addition, the applicant shall pay all inspection costs and consulting fees incurred by the Borough. Applications for final approval shall be considered in accordance with the terms of N.J.S.A. 40:55D-50 and the provisions of this chapter set forth below.

B. General requirements for final site plan approval.

(1) All maps required for final site plan approval shall include the following:

(a) Title of development.

(b) Section or stage of development for which final approval is sought, if appropriate.

(c) Date of the plan and date(s) of any modifications thereto.

(d) North arrow.

(e) Scale in inches.

(f) Tax Map, block and lot numbers of the property or sections thereof.

(g) Name, address, license number and seal of the person or persons preparing the plan.

(h) Name and address of the landowner. Where the landowner is a corporation, the name and address of the President, secretary and corporation shall be indicated.

(i) Place for the signature of the Planning Board Chairman, Planning Board Secretary and Borough Engineer and any other designated authorities or agencies as may be required by the Planning Board.

(2) Existing conditions map. Detailed maps of existing conditions shall be prepared at a scale of not less than one inch equals 100 feet, including the following:

(a) Acreage to the nearest tenth of an acre for each final plan approval map.

(b) Tract boundary lines with dimensions and bearings.

(c) Location of existing buildings which shall remain and all other structures, such as walls, fences, culverts, bridges and roadways, with spot elevations of such structures. Structures to be removed shall be indicated by dashed lines.

(d) Location of storm drainage structures and utility lines, whether publicly or privately owned, with pipe sizes, grades and direction of flow, and if any existing utility lines are underground, the estimated location of said utility lines already underground shall be shown.

(e) Existing topography, based on New Jersey Geodetic Control Survey datum with a maximum two-foot contour interval.

[Ord. No. 17-200B]

(f) Location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant features, including flood elevations of watercourses, ponds and marsh areas as determined by survey.

(g) The names of all owners of record of all adjacent property and the Tax Map, block and lot number of said properties within 500 feet of the development boundary lines.

(3) Detailed final plan approval maps for the entire development or the section(s) thereof submitted for final approval shall be prepared at a scale of not less than one inch equals 100 feet, indicating the following:

(a) The proposed density. In the case of a residential cluster, the proposed gross residential density and the net residential density.

(b) The proposed use or uses of land and buildings and the height, bulk, elevation and location of buildings and other structures. Distances between buildings and distances between buildings and right-of-way or property lines shall be indicated, in selected locations, to indicate setbacks and spacings.

(c) The proposed location and area of any common open space and recreation areas.

(d) The proposed location and dimensions of pavement and right-of-way widths, street lengths, horizontal and vertical alignments, grades and curbs, sidewalks and streetlighting, served wherever feasible by underground electric service.

(e) The proposed provision for vehicular off-street parking and loading, including locations of ingress and egress, and the size and location of driveways, access aisles, parking spaces, pedestrian paths, lighting and planting and screening materials.

(f) The proposed provisions of water systems, valves and hydrants, culverts, storm and sanitary sewers, sewage treatment facilities, gas and electric transmission lines, telephone service and any other wire services. When an individual water supply and/or sewage disposal system is provided, the plans for such system must be approved by the appropriate local, county or state health agencies before final approval is granted. All such installations shall be properly connected with an approved system and shall be adequate to service all present and future service needs. Wherever feasible, electric transmission lines, telephone service or any other services shall be provided through underground utility easements.

(g) The location of any proposed covenants, grants or easements or other restrictions proposed to be imposed upon the use of the land, building and structures, including proposed easements or grants for public utilities.

(h) A proposed final grade plan and center-line profiles shall be furnished, showing approximate grade elevations of all streets or roads, buildings and structures and a suitable drainage plan in accordance therewith.

(4) Final plan approval report. A total of 10 copies of a written report by the applicant shall be filed with each section of the final plan approval maps and shall include the following:

(a) Copies of all proposed covenants, grants or easements or other restrictions to be imposed upon the use of land, buildings and structures, including easements or grants for public utilities. Where the dedication of space to the Borough of North Caldwell is contemplated, copies of all necessary deeds or other forms of conveyance shall be presented to the Planning Board for consideration by the governing body and approval of the Borough Attorney as to form and content.

(b) All calculations necessary to determine the number of residential units provided, the distribution of residential units by type of structure, the amount of residential, commercial and industrial floor area, the amount of total ground coverage, the height of individual buildings and structures, the amount of common recreation space and open space provided, the amount and distribution of required off-street parking and other calculations as may be required by the Planning Board.

(c) For residential cluster development, calculations shall be developed to indicate a comparison of the gross residential density, the amount of common recreation areas and residential cluster development open space and the total ground coverage for final plan approval and as proposed under the preliminary plan approval.

C. General requirements for final subdivision approval.

(1) All maps required for subdivision approval shall include the following:

(a) A full plan of the development, including street and alley lines, lot lines, building or setback lines and areas to be dedicated to street, park, sewerage and drainage easements and other public purposes.

(b) The names of the owners of adjoining property and deed reference to the book and page where recorded in the County Register's Office.

(c) The length of tangents, radii, arcs and chords and central angles for all center-line curves on streets.

(d) The tangent, chord, arc, radius and central angle at all corners.

(e) All lot line dimensions, including bearing and length for every course of every lot.

(f) A map title which shall include the name of the subdivision, the name of the owner or his agent and the name of the licensed engineer or surveyor. The map should also include suitable places for the certification and stamp of the licensed engineer or surveyor preparing the plat, and for the approval and signatures of the Chairman and Secretary of the Board, the Borough Engineer, the Mayor and the Borough Clerk as required by law.

(g) Date, magnetic North arrow and scale.

(h) All standards required by N.J.S.A. 46:26A, 46:26B and 46:26C.

(2) The final plan shall be accompanied by:

(a) A certificate from a qualified and acceptable attorney at law or title insurance company, showing ownership and giving the names of all persons whose consent is necessary to pass a clear title to such land on the date the final plat map is filed with the Board; also such other certificates as may be required by law or these regulations.

(b) Street profiles for all streets, showing grades approved by the Borough Engineer.

(3) The boundary of the subdivided tract shall be determined by an accurate survey, which must be balanced, refer to at least three permanent monuments (where such exist) and closed within an error of 1:10,000: and the final plats shall show a certificate by the engineer or surveyor making such plats to the effect that the plat is correct and made from an actual survey.

(4) At the time of filing said plan, the applicant shall also file with the Board an exact copy of private restrictions for each differently restricted section of the plat.

(5) One electronic copy, a minimum of three copies of the original tracing on Mylar, and two paper copies of the application form for final approval shall be filed with the Secretary of the Planning Board at least 20 days prior to the date of the regular Planning Board meeting. The final plat shall have incorporated all changes or modifications required by the Planning Board. Electronic files shall be submitted on a compact disc, and all files shall be in the .dwg or .dxf format.

[Ord. No. 1-2008]

(6) When the final plat is approved by the Board, such approval shall be indicated upon the record plat by the signatures by the Chairman and Secretary of the Board.

(7) Upon final approval, copies of the final plat shall be filed by the Borough Clerk with the following:

(a) The Borough Clerk.

(b) The Borough Engineer.

(c) The Construction Official.

(d) The Tax Assessor.

(e) The Chairman of the Planning Board as the official issuing certificates for approved lots.

(8) A final plat, after final approval by the Planning Board, shall be filed by the subdivider with the County Register's office within 95 days from the date of such approval. If any final plat is not filed within said period, the approval shall expire unless the time for filing has been extended by the Planning Board under the provisions of N.J.S.A. 40:55D-54.

(9) The effect of recording of plat maps approved as herein provided, and duly signed and acknowledged by the owner or owners and mortgagee or mortgagees, shall be the transfer in fee simple to the Borough of North Caldwell, subject to the acceptance thereof by the governing body, of such portions of said plat as are set apart for public purposes, such portions to be certified by a qualified and acceptable attorney at law or title insurance company as being free from liens and encumbrances.

(10) The Borough Engineer shall check the final plat for compliance with the requirements of the law and this chapter.

D. A public hearing on an application for final approval of the plan or part thereof shall not be required, provided that the plan or the part thereof submitted for final approval is in substantial compliance with the plan theretofore given preliminary approval. A plan submitted for final approval shall be deemed to be in substantial compliance with the plan previously given preliminary approval, provided that any modification by the landowner of the plan as preliminarily approved does not vary the proposed residential density, gross residential density, in the case of a residential cluster, or intensity of use by more than 5% or involve a reduction of the area set aside for common open space, nor the substantial relocation of such area, if applicable, nor increase by more than 5% the total ground areas covered by buildings, nor involve a substantial change in the height of buildings. A public hearing shall not be required for the consideration of modification in the location and design of streets or facilities for water and for disposal of stormwater and sanitary sewage. The Planning Board may, however, require a public hearing if it determines that the proposed changes are substantial. However, when changes are initiated by the Planning Board or are a result of an upgrading or modification of applicable municipal ordinances, no such public hearing will be held. This subsection shall not be construed to in any way waive the minimum or maximum standards established by this chapter.

E. The burden shall be upon the applicant to show the Planning Board good cause for any variation between the plan as preliminarily approved and the plan as submitted for final approval. In the event that a public hearing is not required for final approval and the complete application for final approval has been filed, together with all drawings, specifications and other documents in support thereof and as required by the resolution of preliminary approval, the Planning Board shall, within 45 days of such filing grant final approval of such plan; provided, however, that in the event the plan, as submitted, contains variations from the plan given preliminary approval, but remains in substantial compliance with the plan as submitted for preliminary approval, the Planning Board may, after a meeting with the applicant, refuse to grant final approval and shall, within 45 days of the filing of the application for final approval, so advise the applicant in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of said refusal, the applicant may file his application for final approval without the variations objected to by the Planning Board on or before the last day of the time within which he was authorized by the resolution granting preliminary approval to file for final approval or within 30 days from the date he receives notice of said refusal, whichever date shall last occur, or he may treat the refusal as a denial of final approval. The applicant shall notify the Planning Board, in writing, within 10 days of his receipt of the Planning Board's notice of his election. Failure of the applicant to so notify the Planning Board shall be considered an election to treat the notification as a denial of final approval.

F. In the event that the plan as submitted for final approval is not in substantial compliance with the plan as given preliminary approval, the Planning Board shall, within 45 days of the date of the application for final approval is filed, so notify the applicant, in writing, setting forth the particular ways in which the plan is not in substantial compliance. The applicant may treat said notification as a denial of final approval or refile his plan in a form which is in substantial compliance with the plan as preliminarily approved or file a written request with the Planning Board that it hold a public hearing on his application for final approval. If the applicant shall elect either to refile his plan or file a request for a public hearing, as the case may be, he shall do so on or before the last day of the time within which he was authorized by the resolution granting preliminary approval or 30 days from the date he receives notice of said refusal, whichever date shall last occur. Any such public hearing shall be held within (30) days after request for the hearing is made by the applicant, and notice thereof shall be given, and the hearings shall be conducted in the manner prescribed in § 107-39 of this article. Within 45 days after the conclusion of the hearing, the Planning Board shall, by resolution, either recommend final approval of the plan or deny final approval of the plan. The recommendation of approval or denial of final approval of the plan shall, in cases arising under this subsection, be in the form and contain the findings required for a resolution on an application for preliminary approval set forth in § 107-39 of this article.

G. Notice of the Planning Board's grant or denial of final approval shall be published and delivered to the applicant in accordance with the provisions of N.J.S.A. 40:55D-10h and 55D-10i.

H. In the event that a plan or a section thereof is given final approval and thereafter the applicant shall abandon said plan or the section thereof that has been finally approved and shall so notify the Municipal Agency, in writing, or in the event the applicant shall fail to commence the development within two years after final approval has been granted or any such time as designated by the Planning Board in its resolution granting final approval, then and in that event, such final approval shall terminate and be deemed null and void unless such time period is extended by the Planning Board upon written application to the applicant.